February 14, 2026
A Colombian national convicted of drug trafficking in France faced deportation. He claimed that returning to Colombia would expose him to revenge by drug traffickers he had informed on, violating Article 3 ECHR. The Court held by 15-6 that deportation would not violate Article 3 as sufficient risk was not...
February 6, 2026
A Tanzanian asylum seeker from Zanzibar, who had been tortured for supporting the opposition CUF party, faced deportation from the UK. The Court found that returning him to Tanzania would violate Article 3 due to the real risk of torture or inhuman treatment, rejecting the 'internal flight' option to mainland...
February 6, 2026
A 48-year-old Indian widow and her two teenage sons sought entry to the UK as dependants of her sponsoring son. The Tribunal dismissed the appeal, finding the appellants were not 'mainly dependent' on the sponsor as the able-bodied teenage sons could work to support themselves. Facts The appellants were Indian...
February 6, 2026
Syrian national appealed refusal of asylum, claiming risk of ill-treatment as a draft evader if returned. The Court of Appeal upheld the Immigration Appeal Tribunal's decision, finding that where no personal risk factors exist, establishing 'real risk' requires evidence of a consistent pattern of gross and systematic human rights violations...
February 6, 2026
Turkish Cypriot appellants whose limited leave to remain had expired attempted to appeal against refusal of further leave. The House of Lords held the adjudicator had no jurisdiction as no valid leave existed to vary. Appeal dismissed following Suthendran. Facts The appellants were Turkish Cypriots who arrived in the UK...
February 6, 2026
An Algerian asylum seeker failed to attend his interview. The Tribunal held that Paragraph 340 of HC 395 cannot be used alone to refuse asylum; the Secretary of State must assess the merits of the claim. Special adjudicators must consider all evidence, not merely whether non-compliance was excused. Facts The...
February 4, 2026
A Turkish national living in Switzerland on a humanitarian residence permit sought to bring his son Ersin from Turkey for family reunification. Swiss authorities refused, citing insufficient means and inadequate care arrangements. The European Court of Human Rights found no violation of Article 8, holding Switzerland had not failed its...
February 4, 2026
Two ethnic Albanian men from Kosovo appealed asylum refusals. The Tribunal found that ethnic Albanians faced systematic persecution including job losses, police harassment, and inability to return to FRY. Their appeals were allowed based on well-founded fear of persecution due to ethnicity and inability to return. Facts The appellants, Urim...
February 4, 2026
An Iraqi Kurd claimed asylum arguing he could not safely return to the Kurdish Autonomous Region without passing through Baghdad where he faced persecution. The Court of Appeal held that a person with a safe home area to which he cannot currently access is not a refugee, but remitted the...
February 4, 2026
Mr Fitzpatrick, who had lived in a long-term homosexual relationship with the deceased tenant Mr Thompson for 18 years and cared for him devotedly until his death, sought to succeed to the tenancy. The House of Lords held he could not be treated as a 'spouse' but was a 'member...
January 19, 2026
Nigerian woman who entered UK illegally in 1990 had two children with a married British citizen. Court of Appeal considered the proportionality test for Article 8 appeals and held that while adjudicators cannot simply substitute their view for the Secretary of State's, removal would disproportionately interfere with the children's family...
January 19, 2026
East African Asians holding UK citizenship were refused entry to Britain under the Commonwealth Immigrants Act 1968. The European Commission of Human Rights found the legislation discriminated on racial grounds, constituting degrading treatment under Article 3 ECHR, establishing that racial discrimination in immigration control can violate human dignity. Facts The...
January 19, 2026
A Syrian national detained in Greece pending expulsion was held for seventeen months in severely overcrowded police detention facilities with inadequate sleeping and sanitary facilities. The European Court of Human Rights found violations of Article 3 (degrading treatment) and Article 5 (unlawful detention and lack of judicial review). Facts The...
January 19, 2026
A Turkish Kurd who had suffered severe torture by Turkish police sought asylum in the UK. The Immigration Appeal Tribunal dismissed his appeal despite accepting his account of persecution. The Court of Appeal allowed the appeal, finding the Tribunal failed to properly consider his past persecution when assessing future risk....
January 19, 2026
A civil servant in Antigua participated in peaceful demonstrations criticising government corruption. He was interdicted under legislation prohibiting civil servants from publishing political opinions. The Privy Council held the statutory restriction unconstitutional as it was too broad and not reasonably justifiable in a democratic society, establishing a proportionality test. Facts...
January 19, 2026
Nigerian asylum seeker appealed against refusal of asylum, having engaged in pro-democracy activities in the UK after his initial claim was refused. The Court of Appeal held that even if an asylum seeker acts in 'bad faith' to bolster their claim, they may still qualify for refugee status if they...
January 18, 2026
D, a St Kitts national with terminal AIDS, faced deportation from the UK after serving a drug trafficking sentence. The Court held that removing him to St Kitts, where he would lack medical treatment and support, would constitute inhuman treatment violating Article 3 ECHR due to the exceptional humanitarian circumstances....
January 18, 2026
Chilean asylum seekers challenged their expulsion from Sweden to Chile, alleging risk of torture. The first applicant claimed past torture by Chilean authorities. Sweden expelled him despite the European Commission's request for interim measures. The Court found no violation of Article 3, Article 8, or Article 25, holding interim measures...
January 18, 2026
Civil servants at GCHQ were banned from joining national trade unions without prior consultation, citing national security. The unions claimed legitimate expectation of consultation. The House of Lords held that while prerogative powers are subject to judicial review, national security concerns justified the government's failure to consult. Facts Government Communications...
January 18, 2026
A seven-year-old boy at an independent boarding school received three 'whacks' with a rubber-soled gym shoe as corporal punishment. His mother complained this violated his Convention rights. The Court held there was no violation of Articles 3, 8 or 13, finding the punishment did not reach the minimum severity threshold....
January 18, 2026
Mr Chahal, a Sikh activist detained for deportation to India on national security grounds, challenged his removal and detention. The European Court of Human Rights held that deportation would violate Article 3 as he faced a real risk of torture, establishing that Article 3 protection is absolute regardless of national...
January 18, 2026
Two Kosovar Albanian asylum seekers challenged decisions refusing them refugee status. The Court considered whether protection provided by UNMIK and KFOR in Kosovo satisfied Convention requirements, and whether the 'internal flight alternative' applied. Both applications were refused, confirming that international protection in Kosovo was sufficient and internal relocation principles only...
January 18, 2026
Two Scottish mothers challenged the use of corporal punishment in their children's state schools. The European Court of Human Rights held that the UK violated parents' rights to have their children educated in conformity with their philosophical convictions, establishing important precedent on educational rights under the Convention. Facts Mrs Campbell...
January 18, 2026
Four appellants challenged immigration decisions refusing them asylum as refugees. The House of Lords established that courts must apply anxious scrutiny when reviewing decisions that may put an applicant's life at risk. Three appeals were dismissed but Musisi's appeal was allowed due to inadequate consideration of risks of return to...
January 18, 2026
Miss Brown was suspected of drink-driving and was required under section 172(2)(a) of the Road Traffic Act 1988 to identify herself as the driver. The Privy Council held that using her compelled admission at trial did not breach her Article 6 right to a fair trial, as the privilege against...
May 3, 2026
National Case Law Archive
May 3, 2026
National Case Law Archive
May 3, 2026
National Case Law Archive